WARDEN'S COURT—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 164, 18 April 1872, Page 3

WARDEN'S COURT—Y ester day.

Before JACKSON Kkddei.U Esq., Warden. Thomas and Others y. Bright Smile G.M.C.—Mr Tyler said this ease was still pending in the Supreme Court, and applied for a further postponement for a month ; which was granted. Case adjourned to Wednesday, May 15, accordingly. Goldsmith y. Steadman. —This case was called ou, and adjourned until the 24th inst. THE PUKEIIINAU CASE. P. Kelly and Others v. C. Kidd and Others. —Mr Macdonald for plaintiffs, Mr Tyler for defendants. The hearing of this case was resumed from last Courtday. —John Strain, miner, Punga Flat, deposed : 1 know the Pukchinau ground, and was there on the Ist March. I went (here to peg out the ground. Others went with.me. Hill and Maokelvie went with me. There were several others who went with the same object to peg out. I did peg out. Did not see any others of my party peg out. It was understood that we were to separate and put in the pegs. I know the ground well. Don’t know John Day. I was at the meeting at the Governor Bowen. Kidd, Conroy, Kennedy, Bagot, and others were there. I subscribed £1 to retain a lawyer to act for me and others. We thought it was likely there would be a lawsuit about the pegging out. I have now no interest whatever in the mine. The pegging out on the Ist March was the right we claimed. I went out of the thing because it was said that the pegging out on the Ist March was no good. This was stated at the meeting at the Governor Bowen. I then did not bother about the matter any more. This was after I paid £l, Kidd and Baird said they had the ground pegged out some time before. Others said the same thin g. Hill paid £1 in the same way that 1 did.—Examined by Mr Tyler: I saw Crosbies Kidd on the ground on the Ist March. lie was standing on the top of the bill, with others. I did not see him takingpart in the pegging out. Conroy was amongst the crowd. Did not see any drinking going on. I saw Kennedy there ; he was amongst the crowd, hut I did not see him taking part in the marking out. I did not see Baird there. Non" of the four persons mentioned authorised me to mark out for them. Patterson did not ask me to mark out for him, nor e.’ 1 I do so for him, nor for Hays. Hogan was on the givmnl. I don’t know Eagan. I did not mark out for him. The meeting at the Governor Bowen was held about mid-day. Don't remember who asked me to go to it; it might have been Conroy—we had been talking together. Hill was with us at the time. I don’t remember what we were talking about. Saw McLean and Crawford that night ; I did not see McClonghen. Was not on the ground that night. I saw Robert Davidson going towards the ground. There were between twenty and thirty people at the meeting. Baird said he had pegged out before tbe Ist of March, and would stick to it. Don’t remember seeing Kay at the meeting, nor Patterson, nor Hays, but they might have been there. Michael Kennedy was there. He was one of those who said they had peg-red out before. Conroy-said the same.—By Jilt- Macdonald : I only put in one peg myself; who put in the others.l could not say.—Arthur Bennett, clerk in the office of Macdonald and Miller, solicitors, deposed : I know John Reardon. I received from him a list of names of persons who were made defendants in this action.' The plaint, so far as the names are concerned, was filled up from that list. It afterwards got mislaid, and has not been found, although diligent search has been made for it-.—Michael Kennedy, miner, deposed : I am one of the persons who pegged out this claim with Hays, Patterson, Kay, and Conroy. Wc met accidentally at Hay’s coltagu on the 9th February. It was 9 or 10 o’clock when Conroy came up. It was by chance we went there. We did not go with the intention of pegging out, but merely to look about to see if there was any gold there. — By Mr Tyler : I assisted to mark out the claim, and saw the pegs that were then put in. I saw them afterwards more than once. Have not seen them lately—not since Thursday last. Don’t know what has become of them.—Robert Lloyd, Bailiff of the Warden’s Court, said the summonses in this case were delivered to me on 25th March, and were served the next day, excepting two, which were served on the Saturday following.— By Mr Tyler: Some names were struck out by the direction of yourself as defendant’s solicitor. You accepted service yourself for Kidd and Kennedy—Alexander Agnew, miner, deposed : I am working in the Coliban claim. I know Patrick Kelly, the plaintiff, and the Pukchinau ground. 1 saw Kelly mark it off. Maurin and others were there. ibis was on (he morning of the 27th February. I know the pegs of the Ist March claim, marked with.the letter B aud broad arrow. One of those pegs was hear the Trig station; another is near an old stump. Neither of those two pegs were thereon the morning of the 27th February. In consequence of what Kelly said we looked about to see if there were any pegs about. I did so carefully, and can say positively there were no pegs marked with a B and broad arrow there that morning. Those which we afterwards saw were large pegs, and could easily have been seen if they had beeff there on the 27th February. Saw them about three weeks ago. There were no pegs of any description on the 271 h February in the place occupied by the broad arrow pegs. There were no p"gs befo-e that day/ I have the opp- minify of seeing 'the ground frequently, and one of the pegs could lie seen from tbe place where I live. I was on the ground on the Ist March, and saw Kidd, Conroy, Hill, Maloney, and several others there. Conroy prevented a man putting a peg in. When it came near 12 o’clock Kidd'gave a whistle. He was then close to the Trig station, and Conroy was near him, and two men commenced hammering in the pegs. I had no interest in who was pegging, aud who was not. I<} Mi Tyler : I had nothing to do with the pegging out, and took neither hand nor part m it. My house is on the boundary of the Coliban, near the Windsor Castleclaim, 200 yards from the Pukchinau. McLoughen is a relation of mine. There is a spur leading up through the Pukehinau, upon which there is a track leading to Punga Flat. Kelly lives up there, and at the time spoken of was working at the Coliban. On this morning McLoughen asked me if Kelly was about, and I told him he was most likely at home. At his request, I went to Kelly’s, and he came down with me, and went and pegged out the ground. McLoughen told me the ground had been gazetted, and was

thrown open, and asked me -to fetch Kelly for the purpose of pegging out. Kelly pegged it out. He did not say ijjr whom he marked it out.— William McCloughen, hotel keeper, Grahnmstown, deposed : I know the Pukehinau ground. Was on it on the 27th Februaiy. Was there when Patrick Kelly marked it out on that day. Have lately seen three pegs on the ground with the letter B and a broad arrow. None of these pegs were there on the 27th February. They couhl not have been there without me seeing them. There were no pegs in the places occupied by the broad arrow pegs. I saw the broad arrow pegs a day or two before tbe case came on. I know nothing of what has become of them, nor have I had any concern directly or indirectly in their removal. —By Mr Tyler: I went up on the morning of the 27th to to tell Kelly that IVI seen in the paper that the ground was open. I had been concerned in the Hidden Treasure case. I did not succeed in that case. It cost me some money. I like to get my money honestly. I don’t think you’re particular how you get money so long as you do get it. (A laugh.) * I don’t mean to saj' you have swindled me out of anything. I would go 50 miles any day to serve Kelly. He has done mo a good turn. Heard you saj’ the pegging out on the first of March would be no good, and I heard the same thing- before you told me. I saw Kelly put in four pegs on the 27th February. The ground ie bare there. Agnew’s house is 500 or GOO yards from the ground more or less.—By Mr Macdonald: The broad arrow pegs were clear and distinguishable and could easily be seen at a distance They were rather conspicuous features in the landscape. I know Conroy. He is a painter. lie lias worked for me. At tbe time lie worked for me I gave him an order to get material from William Evans. It was some time in the morning when I gave him the order, and he worked in my place all that day, and on subsequent days.—By Mr Tyler : I don’t remember upon what day the order was given. No one was present. —Richard Loughliu deposed : I am a miner living at Tararu. Lived there in February last. I know the Pukchinau ground, and have been in the habit of going over it twice a day in going to and from work. I know a hack on which the Trig station stands. I have been away for three weeks, and returned last Thursday. I went on to the ground yesterday by request. I know an old slump near the Trig Station, and the burned trunk of a tree. Saw a peg there, a little way in the hollow, on the ri -lit hand coining down, some time in the month of February. The place was not pointed out I<> me wli-re th p “1m M- r< h pegs were. Between the Ist February and ill lOili Maicli tlicl-e wile stum ir-sdi ■ cs in the hollow. I believe they wciv K.llv’s pegs. — By Mr Tyler: Sometimes I would pass tin* place at night, and sometimes by day. Kelly was working at the Coliban. 1 did not look partit id-rly tor pegs, but I knew tbe ground, and looked round to see if any fresh pegs were. put. in. I heard the ground was likely to he thrown open. I am not a shareholder. My name has been set down as a plaintiff without my Knowing it.— Alexander Ilanlen, miner, deposed: I know the Pukchinau ground. Visited it on the 27th February, and before that day I went up to see if I’d be in time to peg it out. 1 saw something in the newspaper which led me to go. It appeared that some one was there before me. I saw Kelly, Agnew, ami others on the ground as I went up. They called out, “You’re too late,’’ and so I gave the thing up at that time. I represent Kidd’s party, and would like to see them win. I was employed as a wages man by him on the Pukehinau on the Ist March. At the time I went up with a view to peg out for myself, I had nothing to do with Kidd. I became a wages man about the Ist of March. I understood the first pegging out on that day was to be valid.—By Mr Tyler. The pegs that I saw on Tuesday before the 27th February were the same that I saw a week ago; the only difference is that they were not branded when I first saw them. I saw Kidd on the ground on the Ist March ; he was not taking part in the pegging out, —McGuire, miner, deposed to being on the ground on the 27th February, when Kelly pegged it off, and also on the Ist March. Is not a shareholder, unless Kelley gives him one. His name was put on the list as a plaintiff without his knowledge. Never knew anything about it until he saw his name in the paper.—Patrick Kelly deposed : I am a plaintiff in this action, and the holder of a Miner’s Right (produced). I know the old Pukehinau ground, and marked a part of it out and called it the “MorningLight ” on 27th Feb. McLoughlin, Agnew, and another were on the giound at the time. I pegged it out for myself. I had it surveyed on the same day. Mr Beere was the surveyor. He has been subpeenaed. He furnished me with a plan of the ground (produced), which I tendered at the Wardeu’s office on the 28th Februaiy, and made application for a license to mine on the ground so marked out. The application was not granted. I saw Mr O’Meara. He would not receive it. He said something about not being able to receive until the Ist March. Reardon was with me. We met you there, and some conversation took place, and you gave mo some advice, frince then I have had nothing to do with any marking out. It was upon that title I stood. I instructed you to take proceedings in iny behalf. The. action you were to bring was on behalf of myself. I was on the ground on the Ist March. I saw Kidd, Kennedy, Conroy, Crawford, McLean, and Maloney there. I went up just to see the crowd, hearing that there was going to lie some fun about it. I saw Kidd put in a peg. Conroy was with him. I have seen pegs on the giound since the 271 h, marked with the letter B and broad arrow, but not before. There were no pegs when I marked out, neither in the place where the branded pegs were afterwards, nor elsewhere on the ground.—By Mr Tyler.: 1 ; rtu’t say how the other parties came to be joined with me in this action. I came to mark out on this day because McLoughen sent me word by Agnew that the ground was open according to a notice which appeared in the newspapers. I was on the ground ou the Ist. March. I saw Kidd put a in peg near the Trigstation. I could not say whether it was pul in on a signal being given. There was a whistle just before. There were plenty of men pegging at the time. I saw a man named Webb near the Trig station ; also Bowler. I gave no authority to anybody to have other people’s names put in the plaint. I have seen by the papers that this has been done. None of those parties pegged out on the Ist March that I know or. The reason that I disclaim those parties being joined is not because I know they pegged out on the Ist March.—By Mr Macdonald : I never gave any authority for those parties to be joined. They never had any connection with me in this action that I know of. — Mr Macdonald here said he had four more witnesses to call. The Court then adjourned until next morning.